The Coal Mines (Control of Inhalable Dust) Regulations 2007

Assessment of the risk to health created by work involving exposure to inhalable dust

4.—(1) No manager shall permit work to be carried out which is liable to expose persons to inhalable dust until—

(a) he, or a person appointed by him with competence in underground mining practice and sampling techniques, has made a suitable and sufficient assessment of—

(i) the risk created by that work to the health of those persons; and

(ii) the steps that need to be taken to meet the requirements of these Regulations; and

(b) the steps referred to in sub-paragraph (a)(ii) have been implemented.

(2) The risk assessment shall include consideration of —

(a) the hazardous properties of inhalable dust likely to occur in the mine;

(b) the level, type and duration of exposure;

(c) the circumstances of the work, including changes in the nature of the work from one shift to the next and differing shift lengths;

(d) activities where there is the potential for a high level of exposure;

(e) the relevant exposure control limits;

(f) the effect of preventive and control measures which have been or will be taken in accordance with regulation 5;

(g) the results of relevant health surveillance;

(h) the results of any relevant sampling of exposure; and

(i) such additional information as the manager may need in order to complete the risk assessment.

(3) The risk assessment shall be reviewed regularly, and forthwith if—

(a) there is reason to suspect that the risk assessment is no longer valid;

(b) there has been a significant change in the work to which the risk assessment relates; or

(c) the results of any sampling carried out in accordance with regulation 8 show it to be necessary,

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

(4) The manager shall ensure that—

(a) the significant findings of the risk assessment; and

(b) the steps referred to in paragraph (1)(a)(ii),

are recorded.

(5) Within one month of the commencement of work, the manager shall ensure that the results of the risk assessment have been validated by the taking and subsequent evaluation of suitable and sufficient air samples.